Granville Community Calendar

Council Minutes February 16, 1994

VILLAGE OF GRANVILLE
COUNCIL MEETING MINUTES
FEBRUARY 16,1994
CALL TO ORDER
Mayor Eisenberg convened the meeting at 7:35 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Garrett
Councilmember Shulman
Councilmember Montgomery
Councilmember Vance
Councilmember Freytag
PUBLIC HEARINGS
Vice Mayor Marshall
Mayor Eisenberg
Law Director Hurst
Manager Plunkett
A public hearing was held on Ordinance No. 30-93, An Ordinance To Authorize The
Village Manager To Enter Into A Lease Agreement With Sensibilities, Inc.,For The Lease Of
The Municipal Building At 118 South Main Street For A Term Of Five Years With Two Five
Year Options.
No one appeared to speak for or against Ordinance No. 30-93. The public hearing
closed at 7:35 p.m.
A public hearing was held on Ordinance No. 3-94, An Ordinance To Amend Ordinance
No. 43-93 Providing For Adjustments Of The Annual Budget For The Fiscal Year 1994 And
Revising Sums For Operating Expenses.
No one appeared to speak for or against Ordinance No. 3-94. Mayor Eisenberg closed the public hearing at 7:36 p.m.
A public hearing was held on Ordinance No. 4-94, An Ordinance Granting An Non- exclusive Franchise To Times-Mirror Cable Television Inc.,To Operate And Maintain Television System A Cable In The Village of Granville, Ohio, Setting Forth The Terms And Conditions
Accompanying The Grant Of The Franchise And Providing For Regulation Of The Cable Television System.
Edith Schories of 128 West Maple Street stated that MTV carries programs that she did not want her grandchildren to watch. Ms. Schories stated that in her opinion, people should be able to eliminate channels that children shouldn't watch. Ms. Schories stated that it is hard to keep children from viewing programs you do not want them to. Ms. Schories stated that perhaps a lock out device would help.
Mayor Eisenberg stated that Mr. Davis should be the person to direct those kinds of questions to. Mayor Eisenberg stated that Council could not be involved in those kinds of problems.
Kevin Davis of Dimension Cable stated that MTV is a preferred Dimension channel. Mr. Davis stated that t"raps"are available to lock out certain channels at an extra cost. Eleanor Cohen of East Broadway stated asked if someone from the Cable Television Committee could summarize their fact findings.
1
1
Village of Granville
Council Meeting Minutes
February 16, 1994
Page 2
Stew Dyke stated that the committee saw no basis to deny the renewal of the
franchise. Dr. Dyke stated that the committee did raise some questions about what is the cost
of the rebuild system.
Mayor Eisenberg stated that the Council has never wanted to have a franchise fee
because the fee is passed on directly to the users and therefor is an indirect part of taxation.
Eleanor Cohen asked what non exclusive franchisee meant?
Law Director Hurst stated that if another company wanted to come into the Village and
compete for services they would be allowed to do so.
Eidth Shories asked if she wanted to find out what kind of improvements are going in
who would she call to do so?
Mr. Davis stated that he was Dimension Cable's general manager and he would be
happy to answer any questions that she had.
Arie Janssens stated that the cable TV commission gathered several cable contracts
from other communities. Mr. Janssens stated that one concern the committee had was the
length of the franchise. Mr. Janssens stated that there are going to be changes in cable
service and ten years is an extremely long time. Mr. Janssens stated that the commission
recommended that Council not sign a franchise that is over 10 years. -
Councilmember Freytag stated that he had discussed the cable franchise with Kevin
Davis on his own and did not claim to represent the entire Council.
Mayor Eisenberg stated that Council agreed that Mr. Freytag's concerns were important and directed him to see that the concerns were taken care of.
Mayor Eisenberg closed the public hearing at 7:55 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled Council meeting of February 2, 1994, presented for review. Councilmember Vance were moved to approve the minutes as corrected. Seconded by Councilmember Garrett. Motion carried.
MAYOR'S REPORT
The Mayor's Report for the month of January 1994 was presented for review. Mayor Eisenberg directed the clerk to file the report. A copy of that is attached as part of these minutes.
MANAGER'S REPORT
The Managefs Report for the month of Janoary 1994 was presented for review. Vice Mayor Marshall moved to accept the report. Seconded by Councilmember Garrett. Motion carried. A copy of that report is attached as part of these minutes.
CITIZENS COMMENTS
1
Village of Granville
Council Meeting Minutes
February 16, 1994
Page 3
Those signing the register were:
Sally MacPhail Eleanor Cohen Barb Lucier
Doug Wagner was present to follow up on the Bernie Williams sign appeal. Mr. Wagner
stated that he would like to know if any legal interpretation had been rendered?
Law Director Hurst stated that nothing further had been discussed.
Manager Plunkett stated that Mr. Williams had not been notified to remove his existing
sign which is in non conformance because he was waiting further direction from the Law
Director.
Law Director Hurst stated that the sign as currently configured will have to be removed.
Mr. Hurst stated that if Mr. Williams chooses do to put up the sign that Council approved he may so.
Mayor Eisenberg stated that in his opinion, Mr. Williams should remove the existing
sign and not install another sign until further direction is given by Council. Council agreed.
Manager Plunkett stated that the existing sign does not meet the exact requirements,
so Mr. Williams should take down the sign. Manager Plunkett stated that Mr. Williams has the
right to install a sign that does meet that which Council approved.
Councilmember Freytag stated that the current sign should be taken down and Mr.
Williams shouldnot be allowed to install another sign until he receives further direction from Council.
Mayor Eisenberg stated that Council agreed that the sign should come down as it is.
Mayor Eisenberg stated that the sign should not go up until there is further direction from the law director.
Barb Lucier of 216 South Pearl Street stated that thes.'treet light in front of here house
has been burned out for some time. Ms. Lucier asked if the Village was responsible for fixing the street lights?
Manager Plunkett stated that the police officer who works the 3:00 to 11: 00 shift on Sunday nights composes a list of street lights that are out. Mr. Plunkett stated that the clerk then calls in the list to Ohio Power who fixes the lights according to their own schedule. Ms. Lucier stated that she noticed that people park in their driveways so that they over lap the sidewalks. Ms. Lucier asked if the police officers could give warnings to these people because it was a safety hazard.
Manager Plunkett stated that no one is suppose to obstruct a sidewalk. Mr. Plunkett stated that police officers do not give warnings because they get accused of favoritism.
COMMITTEE REPORTS
Councilmember Garrett reported on the Planning Commission's meeting of February 7. At that meeting, an architectural review application was approved for a house on East Elm Street replacing doors and windows. An architectural review application to add a second story was approved for the home at 323 North Granger. The commission also discussed the power supply boxes that Dimension Cable will be installing around the village. A suggestion was made to paint the power supply boxes green. Each power supply box will be sited by a
1
1
1
Village of Granville
Council Meeting Minutes
February 16, 1994
Page 4
Committee composed of Marc Brockman of the Tree and Landscape Commission, Jurgen
Pape of the Planning Commission and Village Planner Doug Tailford.
The Planning Commission also suggested that the architectural review district line be
extended to the other side of the street. The line is now drawn down the middle of street.
Mrs. Garrett stated that the Village may want to consider buying the Ashbrook property.
Mrs. Garrett stated that Ms. Ashbrook recently passed away and the property may be for sale.
With the purchase of that property, Sugar Loaf Park could be expanded. Councilmember
Garrett stated that the next Planning Commission meeting would be March 7. Because of the
holiday, no meeting will be held on February 21.
Vice Mayor Marshall reported on the Tree &Landscape meeting of February 7. Mr.
Marshall stated that the commission was pretty much preoccupied with grant applications. Mr.
Marshall stated that Ralph and Linda Swartz have volunteered to take over the West
Broadway flower planting. Mr. Marshall stated that apparently a GrandFlora Fund is available
which would help pay for landscaping on South Main Street.
OLD BUSINESS
Ordinance No. 30-93, " An Ordinance To Authorize The Village Manager To Enter Into A
Lease Agreement With Sensibilities, Inc.,For The Lease Of The Municipal Building At 118
South Main Street For A Term Of Five Years With Two Five Year Options."Vice Mayor
Marshall moved to remove Ordinance No. 30-93 from the table. Seconded by Councilmember Freytag.
Manager Plunkett stated that he had had a discussion late this afternoon with Karen
Burger, one of the partners in Sensibilities. Mr. Plunkett stated that the lessees concerned that were an asbestos problem may be encountered. Mr. Plunkett stated that he had
briefly discussed the problem with Law Director Hurst, who had revised the lease agreement somewhat.
Councilmember Vance stated that the asbestos issue came about because of the
wording in the lease. Mr. Vance stated that the lease read that the tenants could be evicted at any time throughout the 15 years because of an asbestos problem. The building will be inspected for asbestos and radon before the agreement is signed. If a problem with such materials exists, the lease won't be signed until the situation is resolved, said Manager Plunkett.
After a discussion, Law Director Hurst stated that the Ordinance should be amended to read T"he Manager should be and is hereby directed and authorized to enter into a certain lease agreement substantially in the form of that which is attached hereto and marked exhibit A and made a part thereof"s,o that the last detailing of the lease could be worked out. Mr. Hurst stated that if an agreement can't be reached, the lease agreement will not be signed. Vice Mayor Marshall moved to amend Section I of Ordinance No. 309-3 to read T"he Manager should be and is hereby directed and authorized to enter into a certain lease agreement substantially in the form of that which is attached hereto and marked exhibit A and made a part thereof." Seconded by Councilmember Freytag.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Vance abstained, Freytag yes, Marshall yes, Mayor Eisenberg yes. Six yes votes, the ordinance was amended.
1
1
Village of Granville
Council Meeting Minutes
February 16, 1994
Page 5
Vice Mayor Marshall moved to adopted Ordinance No. 30-93 as amended. Seconded
by Councilmember Freytag.
Roll call vote: Freytag yes, Vance abstained, Montgomery yes, Shulman yes, Garrett
yes, Vice Mayor Marshall yes, Mayor Eisenberg yes. Six yes votes, Ordinance No. 30-93 was
adopted.
Ordinance No. 3-94, " An Ordinance To Amend Ordinance No. 43-93 Providing For
Adjustments Of The Annual Budget For The Fiscal Year 1994 And Revising Sums For
Operating Expenses," was reintroduced, title read and moved for adoption by Councilmember
Garrett. Seconded by Vice Mayor Marshall.
Roll call vote: Garrett yes, Shulman yes, Montgomery yes, Vance yes, Freytag yes
Marshall Yes, Mayor Eisenberg yes. Seven yes votes. Ordinance No. 3-94 was adopted.
Ordinance No. 4-94, "An Ordinance Granting An Non-exclusive Franchise To Times-
Mirror Cable Television Inc.,To Operate And Maintain A Cable Television System In The
Village of Granville, Ohio, Setting Forth The Terms And Conditions Accompanying The Grant
Of The Franchise And Providing For Regulation Of The Cable Television System."
Kevin Davis of Dimension Cable stated that more modification had been made to the
franchise. Mr. Davis stated that he had two versions of the franchise with him. The first version
is just a straight ten year franchise with no public access channel. Mr. Davis stated that the
second version is a ten year franchise with five year option for renewal and a public access
channel. Mr. Davis stated that the five year option will be a return on TMTC's additional
investment.
After.a long discussion, Vice Mayor Marshall stated that there was not a demand or need for a public access station at this time. Mr. Marshall stated Council that if the demand comes up, can negotiate at that time.
Councilmember Freytag stated that Mr. Davis and he had agreed to most of the
franchise terms. Mr. Freytag stated that he does not agree with the public access proposal. Mr. Freytag stated that both Newark and Heath have public access channels and they have ten
year franchises. Mr. Freytag stated that programming was another topic on which he and Mr. Davis disagreed.
Mr. Davis stated that Newark and Heath negotiated their public access channels in the first franchise. Mr. Davis stated that Newark and Heath fund all public access through school funds. Mr. Davis stated that Dimension pays nothing for providing that service.
After a long discussion, Mayor Eisenberg stated that the discussions were going nowhere. Mayor Eisenberg stated that Council should introduce one of the proposed franchise agreements and vote on it.
Vice Mayor Marshall introduced and moved for adoption of Ordinance No. 4-94, for a 10 year franchise with no public access channel. Seconded by Councilmember Garrett. Roll call vote: Freytag no, Vance no, Montgomery yes, Shulman abstained, Garrett yes, Marshall yes, Mayor Eisenberg yes. Four yes votes, two no votes. Ordinance No. 4-94 was adopted.
Ordinance No. 379- 3 A"n Ordinance To Amend Chapter 1305 Of The Codified Ordinances Of The Village Of Granville And To Repeal Existing Chapter 1305 Of Said Codified
1
1
Village of Granville
Council Meeting Minutes
February 16, 1994
Page 6
Ordinances:Councilmember Garrett moved to removed Ordinance No. 37-93 from the table.
Seconded by Councilmember Freytag.
Councilmember Freytag stated that he thought the Foning rewrite committee had
suggested that the Public Use fees be raised to $350.00...'
Mayor Eisenberg set the public hearing for March 2, 1994, at 7:30 p.m.
NEW BUSINESS
Resolution No. 94-10, " A Resolution Authorizing The Village Manager To File An
Application For And Enter Into An Agreement With The Ohio Department of Natural Resources
For The Purpose Of Acquiring Funds Through The Division Of Forestry's Urban Forestry
Assistance Program," was introduced, read in full and moved for adoption by Vice Mayor
Marshall .Seconded by Councilmember Freytag. Motion carried. Resolution No. 94-10 was
adopted.
Resolution No. 94-11, "A Resolution To Authorize The Village Manager To Advertise
For Bids For The Repair And Replacement Of The East Broadway Sanitary Sewer," was
introduced, read in full, and moved for adoption by Councilmember Garrett. Seconded by
Councilmember.Montgomery. Motion carried. Resolution No. 94-11 was adopted.
Ordinance No. 5-94, "An Ordinance To Amend Ordinance No. 43-93 Providing For
Adjustments Qf The Annual Budget For The Fiscal Year 1994 And Revising Sums For
Operating Expenses," was introduced and title read by Councilmember Garrett.
Mayor Eisenberg set the public hearing for March 2, 1994, at 7:30 p.m.
Manager Plunkett stated that Council had received a letter from the Township Trustee
concerning a land swap. A copy of that letter is attached as part of these minutes.
Councilmember Montgomery asked if Mr. Plunkett thought that it was a reasonable offer?
Manager Plunkett stated that he thought that it was. Manager Plunkett stated that he had asked Norm Kennedy to put the agreement in like writing quickly because the Township would to use the fill from South Main Street as the leveling material.
with Manager Plunkett stated that he would like to get a general idea if it is okay to proceed this.
Mayor Eisenberg stated that he thought it was a good idea. Council agreed.
Councilmember Montgomery asked if a solution for the zoning problem in east Granville thoadhabnedelen tmhaat.de?Mrs. Montgomery stated that perhaps the Law Director had a opinion on how
Manager Plunkett stated that their is dual zoning on five lots.
Law Director Hurst stated that if there was an error in the Ordinance, Council should amend the ordinance to correct it. Mr. Hurst stated that Council will have to determine what the intent of the ordinance was.
Councilmember Montgomery asked what the status was with Wexford Drive water?
1
1
Village of Granville
Council Meeting Minutes
February 16, 1994
Page 7
Manager Plunkett stated that he is meeting with the Murphy's on Friday.
Councilmember Shulman stated that he was·not in favor of waiving the capacity fees
for the Murphy's ten lots because that would be setting precedent.
Manager Plunkett stated that he did not know if the Murphys would be in favor of such
a deal yet.
ADJOURNMENT
Councilmember Vance moved to adjourn the meeting at 10:37 p.m. Seconded by
Councilmember Garrett. Motion carried.

Employee Payroll / Compensation

The Village has thirty-six (36) full-time employees, 16 regular part-time employees and seaonal employees. Village Personnel Policy

Go to My Pay Stub and login.